Articles Posted in Nassau County

This is a case being heard in the Supreme Court of the State of New York located in New York County. The plaintiff of the case is Andrew T. and the defendant in the matter is Yana T.

Case Background

A New York Family Lawyer said the couple of this case were married on the first of July in 2006. The marriage took place in New York City. Approximately fifteen months after the wedding, in September of 2007, the couple filed for divorce. The grounds stated for the divorce were abandonment of the plaintiff by the defendant for a year prior to the beginning of the divorce proceeding and cruel and inhuman treatment of the plaintiff by the defendant. The plaintiff relied on the abandonment cause of action as the main reason for seeking the divorce.

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This is a case being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. The appellant in this case is Xiao Yang Chen and the respondent in the matter is Ian Ira Fischer. The appellant is seeking to appeal an order that was made in the Supreme Court of Westchester County that granted the defendant the motion to dismiss the complaint made against him on the grounds of res judicata.

A New York Family Lawyer said the action that is being brought forth by Xiao Yang Chen is seeking to recover damages for personal injuries that she allegedly sustained from the hands of her ex husband, Ian Ira Fischer while they were married. The issue before the court is whether the judgment for divorce dated the 8th of May, 2002 bars Chen from seeking this action based on the alleged and tortuous acts that allegedly took place during the marriage.

Case Background

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This is a case being heard in the First Department, Appellate Division of the Supreme Court in the State of New York. This case involves the plaintiff and respondent Jackie Gleason against the defendant and appellant Genevieve Gleason and the plaintiff and appellant Eli Goldstein against the defendant and respondent Beatrice Goldstein.

A New York Family Lawyer said the case before the court involves appeals from two separate couples and the court must determine whether the Domestic Relations Law should be applied retroactively to cases in order to authorizes a divorce based on the parties living apart based on a separation judgment that was entered prior to the effective dates of the Divorce Reform Laws.

Gleason Case

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The respondent and appellant in this case is Patricia W. Vanderbilt. The appellant and respondent in the matter is Cornelius Vanderbilt. The receiver and Sequestrator and respondent in this case is Thomas F. McCoy. This case is being heard in the Court of Appeals in the state of New York. The question that is being put in front of the court is the applicability of the Civil Practice Act in a divorce, separation, or annulment case.

Case Background

The plaintiff was living in Nevada in 1948 and the defendant was living in California. The couple was married in the state of Connecticut and then established their home in the state of California. The couple traveled throughout the United States and Europe during the course of their marriage. In September of 1952, the couple separated. When the couple separated, the wife moved to New York City. In October of 1952 she sued for a separation decree in a New York Court. This suit was dismissed by the court based on the one year residency requirement. The plaintiff visited California for a brief time and then returned to New York in 1953 and has lived in the state ever since.

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This is a case being heard in the First Department of the Supreme Court of the State of New York, Appellate Division. A New York Family Lawyer said the plaintiff and appellant in the case is Edeline Augustin. The defendant and respondent in this case is Nerva Augustin. The plaintiff is appealing an order that was made in the Supreme Court located in New York County that denied her motion to vacate a judgment for divorce that was entered by the court in 1985.

Case Background

The couple was married in January of 1973 in Haiti. They have three adult children from their marriage. The husband commenced an action for divorce in a court in Haiti in 1983. The divorce was granted by the Haitian court. The validity of this decree has been questioned.

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The petitioner seeks visitation with the subject child, the biological child of the respondent. The petitioner and respondent married sometime after the child’s birth. A New York Family Lawyer said the child was born on November 17, 1997 and nearly two years later the petitioner executed an acknowledgment of paternity and had his name added to the child’s birth certificate. For several years the couple held him out to be her biological father even though they knew he was not. The petitioner and respondent began having marital problems and the child’s biological father, at some point apparently came back into the respondent’s life. A Bronx Child Custody Lawyer said that, the child’s biological father seeks an order of filiation and the respondent seeks to vacate the acknowledgment of paternity, claiming her signature on it was forged. The biological father and the mother filed their respective petitions simultaneously. In addition, the respondent is pursuing a family offense proceeding against her estranged husband alleging that he verbally harassed her over the phone. A criminal case based on allegations made by the mother against her estranged husband is also pending before this court.

A New York Custody Lawyer said that, a hearing was commenced with respect to the respondent mother’s petition to vacate the acknowledgment of paternity on the grounds of fraud. During the hearing, however, and after the biological father filed his paternity petition, the parties conceded that he is the subject child’s biological father. Independent DNA testing of the biological father confirmed his paternity. This evidence obviates the need for the court to continue taking testimony with respect to the allegations of fraud because Family Court Act § 516-a (b), the statute governing acknowledgments of paternity, specifically states that the court “shall” vacate an acknowledgment if it finds the alleged father, here, the biological father, is in fact not the biological father. To ask the court to continue hearing testimony on the allegations of fraud — as the petitioner and the law guardian do in their briefs — is in contravention of the plain language of Family Court Act § 516-a (b). It is also asking this court to ignore indisputable scientific evidence and the parties’ own admissions. The Court said that acknowledgment of paternity is vacated and that the biological father herein will be issued an order of filiation.

The issue in this case is whether the petitioner, as a biological stranger, has standing to maintain his visitation petition.

This case is being heard in the Supreme Court of the State of New York, Special Term, located in Nassau County. The plaintiff in the case is Theresa Huber and the defendant in the case is Adolph Huber. Both the defendant and the plaintiff have moved for summary judgment.

Case Background

A New York Family Lawyer said the parties were married in the state of New York in 1946. In 1959, the plaintiff wife moved to Florida and established a residence there. On the 11th of May, 1960, the plaintiff wife was granted an absolute divorce in the state of Florida. The premises of the couple during their marriage was sought to be partitioned.

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This case is being heard in the Supreme Court of the State of New York, Special Term, located in Nassau County. The plaintiff in the case is Theresa Huber and the defendant in the case is Adolph Huber. Both the defendant and the plaintiff have moved for summary judgment.

Case Background

A New York Family Lawyer said the parties were married in the state of New York in 1946. In 1959, the plaintiff wife moved to Florida and established a residence there. On the 11th of May, 1960, the plaintiff wife was granted an absolute divorce in the state of Florida. The premises of the couple during their marriage was sought to be partitioned.

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A husband seeks custody of their two children from his wife who surreptitiously left the conjugal home in New York and took the children to Virginia where the wife’s relatives all lived.

During the trial, the husband and the wife testified. A New York Family Lawyer said the mother-in-law of the wife and the sister-in-law of the wife also testified for the husband and against the wife. The judge took the two children to a nearby park and interviewed the children. The judge videotaped this interview with the children.

During the custody hearing it was proved that the husband and the wife had a child when they were just teenagers. They got married within three years after the birth of their first child. The wife was emotionally and physically abused. A New York Custody Lawyer said the abuse consisted of sexual assault. The husband would force the wife to have sex. He would kick the woman and bite her, hit her with his fists in her back and buttocks. He also constantly criticized and insulted her within the hearing of their children.